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Canadian Troubles

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Registered Registrant
May 12, 2009
I am currently flying with a gentleman that was told he was Criminally Inadmissible to Canada. He applied for what he calls a Temporary Resident Permit and his application was denied for the reason of "No documented need for the individual to be admitted to Canada at this time". He was charged with a felony but plead guilty to misdemeanor battery. Does anyone have any advise or experience with this type of thing that I may pass along to him?
Here is the number for Canadian customs. Have you colleague call them and they will explain exactly what he has to do to get a waiver/approval.

They won't even let you into Canada if you've ever had a DUI. They don't play around up there.

Thinking about traveling to Canada? You'd better reconsider if you have been convicted of DWI or DUI (Driving While Impaired or Driving Under the Influence) within the last ten years. Any type of impaired driving offence is considered the equivalent to the Canadian Criminal Code offence of impaired driving. This includes misdemeanor convictions.

Across Canada, impaired driving is driving with a blood alcohol concentration (BAC) above .08 or driving while impaired by alcohol or drugs. It is a serious offence to fail to give a breath sample when requested by police, with penalties the same as those for driving while impaired. A first offence conviction of impaired driving results in a criminal record, a minimum $1000 fine, and a driving prohibition for a minimum of one year.

Routine screening upon entry into Canada includes the question, “Have you ever been convicted of a crime?” If you have been convicted of impaired driving - even if no collision was involved - you may be denied entrance. Even with no other criminal violations. Think carefully. Don't lie about any convictions, regardless of how 'trivial'. This is especially true if you're entering from the U.S. Increased cooperation between Canada and U.S., as part of post-911 security measures, means that the border agent could already have access to criminal records. Lying/forgetting about a conviction could get you barred from entry into Canada for many years.

A person with a conviction may be deemed rehabilitated and be eligible for entry after a certain period has expired from the completion of the sentence imposed (which would include any driving suspension) on the conviction. Depending on the offence, this period may be as short as 5 years or as long as 10 years. If a person cannot qualify for deemed rehabilitation, they may apply for individual criminal rehabilitation.

A person may not apply for criminal rehabilitation for 5 years following the original conviction (note the difference with deemed rehabilitation where the period begins with the completion of the sentence). After this five-year waiting period (assuming the person has not been convicted of another offence) Americans (for example) can apply for “criminal rehabilitation” by submitting the following:
  1. An application form IMM 1444E
  2. A passport size photograph
  3. A copy of your passport data pages
  4. An FBI police certificate
  5. A state police certificate
  6. Copies of court documents indicating the charge, section of law violated, the verdict, and sentencing
  7. Proof of completed sentences, paid fines, court costs, ordered treatments, etc.
  8. Copies of the text of the law describing the offence.
  9. Detailed explanation of the circumstances surrounding the offence
  10. Three letters of reference from responsible citizens.
  11. A non-refundable processing fee of $180 USD
Further information can be found at Citizenship and Immigration Canada's webpages, Overcoming Criminal Inadmissibility and Overcoming Criminal Inadmissibility - Frequently Asked Questions.

It might be possible to get a temporary resident permit to enter Canada prior to rehabilitation, but this is up to the passport control officer's discretion and requires a $200 (Canadian) fee. The temporary resident permit is meant to allow entry for exceptional circumstances, which would include reasons of national interest or on strong humanitarian or compassionate grounds

One more interesting twist on this involves transiting the Vancouver International Airport (and quite possibly any other Canadian airport). When arriving on an international flight from the USA, you will be required to clear passport control, even if you are continuing to a connecting international flight with a destination outside of Canada. If they find the DWI / DUI on your record they may send you to the immigrations screening and potentially a very long wait (they will not care if you miss your connecting flight).
Just to verify... the guy you are talking about is a crew member not passenger... correct?
Just to verify... the guy you are talking about is a crew member not passenger... correct?

Yes he is a crew member and he started the permit process after being questioned upon entering Canada on a trip. He is not hassled every time but was told on his last trip not to come back without the permit. The permit was denied by the Canadian Consulate here in the USA and we are trying to get information about a "next move". The permit that was denied was a multi-entry Temporary Resident Permit that would be valid until he could be "deemed rehabilitated" and there is a rumor that you can be issued a one-time permit upon landing at the officers discretion. Would really like to find a way to get him in for this could potentially cost him his job. If anyone has had an experience with this we would appreciate any advice.

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